WOJTOWICZ v. DEXTER TERRACE ELEMENTARY SCHOOLS


288 A.D.2d 915 (2001)

732 N.Y.S.2d 527

CHRISTOPHER WOJTOWICZ, an Infant, by JAMES WOJTOWICZ, as Father and Natural Guardian, et al., Appellants, v. DEXTER TERRACE ELEMENTARY SCHOOLS (BOCES), Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 9, 2001.


Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion seeking summary judgment dismissing the complaint. Plaintiffs commenced this action seeking damages for injuries sustained by Christopher Wojtowicz (plaintiff), a 16-year-old student at the Dexter Terrace Learning Center, when he was assaulted by another student...

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